In what circumstances will the Prudent Investor Rule apply when a spouse becomes an involuntary trustee?

California, United States of America


The following excerpt is from In Re: Marriage of Patricia & Vincent Duffy, 111 Cal.Rptr.2d 160, 91 Cal.App.4th 923 (Cal. App. 2001):

4. While a spouse may become an involuntary trustee, in which case the Prudent Investor Rule may apply, this only occurs when that spouse fraudulently obtains the other spouse's separate property. (Shaw v. Bernal (1912) 163 Cal. 262, 271.)

4. While a spouse may become an involuntary trustee, in which case the Prudent Investor Rule may apply, this only occurs when that spouse fraudulently obtains the other spouse's separate property. (Shaw v. Bernal (1912) 163 Cal. 262, 271.)

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